Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
RENT CONTROL PETITION NO. 71 OF 2016

Case between Parambattu Kunheen vs Thadathil Mohammedkutty Haji's children et al regarding rent control dispute

Court
RENT CONTROLLER OF TIRUR
Judge
Smt. VINCY.T.V.
Order Date
2018-02-09
Duration
2 years
Case Closed
Fri, 02/09/2018 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Petitioner filed a petition seeking eviction of respondents from a building on the property for commercial reconstruction due to non-payment of rent and negligence causing damage.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction of respondents from the building and directed them to put petitioner in vacant possession.
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents and recovery of rent arrears
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction of respondents from the building and directed them to put petitioner in vacant possession.
Why Plaintiff Won:
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
Losing Side's Weaknesses:
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
Supporting Evidence
Respondents remained exparte and failed to challenge petitioner's unchallenged evidence of non-payment of rent and bonafide need for eviction.

Judgment Evidence:

The petition is allowed under section 11(2) and (3) of the Kerala Building (Lease and Rent Control) Act 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Parambattu Kunheen
Party Age
69
Relation
Son of
Party Role
Defendant
Party Name
Thadathil Mohammedkutty Haji's children et al
Party Role
Defendant
Party Name
Varikkodan Mammutty Haji
Relation
Son of
Plaintiffs Documents
Jenm Assignment deed No. 2069/1997, Ownership Certificate, Cash receipts, Possession Certificate, Tax Receipt etc.
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of respondents from the building and recovery of rent arrears
Evidence:
The petition is allowed under section 11(2) and (3) of the Kerala Building (Lease and Rent Control) Act 1965.

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Established petitioner's right over the property.
Reference:
No. 2069/1997
Document Type: Ownership Certificate
Submitted By: Plaintiff
Relevance:
Provided evidence of ownership.
Reference:
Dated 22-7-2017
Document Type: Cash receipts
Submitted By: Plaintiff
Relevance:
Proof of financial transactions related to the property.
Reference:
Dated 22-7-21017
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Demonstrated regular payment of taxes.
Reference:
Dated 2-6-2016

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Parambattu Kunheen vs Thadathil Mohammedkutty Haji's children et al regarding rent control dispute
Case Code Year
Case between Parambattu Kunheen vs Thadathil Mohammedkutty Haji's children et al regarding rent control dispute

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 02/09/2016 - 12:00
Case Closed
Fri, 02/09/2018 - 12:00
From
Thu, 02/01/2018 - 12:00
To
Wed, 02/28/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

Similar Cases

Case between Muhammed Faizal.P.T et al vs Sakeer Husain regarding rent control
Munsiff Magistrate Court
Rent Control Petition Dismissed
Case between Beeran Haji vs Ali regarding rent control petition
Rent Controller of Tirur
Rent Control Petition Plaintiff Won
Case between Kainikkara Abdurehiman vs Edasseri Ibrahim's Children et al regarding rent arrears
Rent Controller of Tirur
Rent Control Petition Defendant Won
Case between Abdurahiman et al vs Rukhiya et al regarding eviction for non-payment of rent
Court of Rent Controller of Tirur
Rent Control Petition Plaintiff Won
Case between Kakkuzhiyil Basheer vs Cherukkara Musthafa regarding rent arrears and subletting
Court of the Rent Controller of Tirur
Rent Control Petition Plaintiff Won